Opinion
No. 04-10-00921-CR
Delivered and Filed: January 26, 2011. DO NOT PUBLISH.
Appealed from the 226th Judicial District Court, Bexar County, Texas, Trial Court No. 1994CR5367W, Honorable Sid L. Harle, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
The trial court imposed sentence in the underlying cause on August 5, 1997. The notice of appeal was due to be filed on September 4, 1997. TEX. R. APP. P. 26.2(a). Appellant filed a notice of appeal on November 30, 2010. A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because appellant failed to file a timely notice of appeal, this appeal is dismissed for lack of jurisdiction. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).